Bombay High CourtFA/647/2019disposed offdismissed for default

The State Of Maharashtra And ANR v. Bhausaheb Tanaji Danve

2019-02-28Hon'Ble Shri Justice P.R. Bora2 pages

{1} FA 648 OF 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1028 FIRST APPEAL NO.648 OF 2019 THE STATE OF MAHARASHTRA AND ANR

VERSUS

REVAGI ANNA DANVE (DIED) THR. LRS PUNJABAI AND OTHERS ...

WITH CA/2843/2019 IN FA/648/2019 WITH FA/647/2019 WITH CA/2842/2019 IN FA/647/2019 ...

AGP for Appellant No.1 : Shri A.M.Phule Advocate for Respondent Nos.1a to 1c : Shri D.A.Bide h/f. Shri Charudatta K. Sonawane ...

CORAM : P.R.BORA, J.

DATE: 28th February, 2019 PER COURT:- Both these appeals are taken up for final disposal with consent of the learned AGP appearing for the State and learned Counsel appearing for the respondents - claimants. It is pointed out that the Judgment and award passed in LAR Nos.238 of 2009, 240 of 2009 and 264 of 2009 arising out of the same acquisition have been acquiesced by the State and the amount of compensation has already been paid to the respective claimants. Therefore, the learned Counsel for the respondents prayed for disposing of the present appeals.

Shri A.M.Phule, learned AGP has not disputed the facts as are stated by the learned Counsel appearing for the respondents

{2} FA 648 OF 2019 - claimants.

The copy of the Judgment and award passed in LAR No.238 of 2009 with connected LARs is also tendered across the bar by the learned Counsel for the respondents.

Perusal of the award reveals that the lands, which are involved in the present appeals were acquired for the same project and under the same Notification. Learned Counsel also tendered across the bar a copy of the Memorandum issued by the Law and Judiciary Department informing that the Government has decided to acquiesce the decision rendered in LAR Nos.238 of 2009, 240 of 2009 and 264 of 2009. In view of submissions so made, both these appeals stand disposed of. Pending Civil Applications stand disposed of. The amount of compensation deposited in the present appeals by the State is permitted to be withdrawn by the respective claimants with interest accrued thereon in terms of the award passed by the Reference Court.

(P.R.BORA) JUDGE SPT